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Full Name Concerns When Applying For H4 Ead (form I-765)

Discussion in 'H4 employment authorization' started by sandiegoplaceca, Apr 7, 2016.

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  1. sandiegoplaceca

    sandiegoplaceca New Member

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    I'm currently on an H-1B visa with an approved I-140 and am applying for an H4 EAD for my spouse. I've filled up the I-765 form (along with G-1145) and have all the supporting documents ready.
    The problem: My spouse's name is mis-spelled on her passport (issued by India). She has a 'First Name' and a 'Last Name' (no middle name), but the passport has both her first name and last name filled in the 'Given Name / First Name' field with the 'Surname/Last Name' field being blank.
    As a consequence, the H4 US VISA issued on the passport has the whole name filled in under the 'Surname' field with the 'Given Name' filled in as FNU.

    Now, we would want her name to be correctly filled on EAD/SSN etc., so I've filled up the Form I-765 as follows:
    Field 1: Full Name: Last name under 'Family Name' field and first name under 'First Name' field.
    Field 2: Other Names Used: Surname FNU (as filled on the H4 US VISA)

    Is this going to be a cause for concern/RFE? I'd like to get some opinions before I submit this.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I would go ahead and apply for the EAD now, then get the passport fixed. Once that is done, you can ask for a corrected EAD
     
  3. sandiegoplaceca

    sandiegoplaceca New Member

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    Thanks for the reply, Ron!
    I typed incorrectly, the name was not mis-spelt, it was just that the last name was filled in along with the first name in the first name field leaving the other field blank.
    So, you'd suggest that I go ahead and apply for the EAD with the "Full Name FNU" format? I'll need to get the names changed in the (Indian) passport, US VISA and EAD (+ possibly SSN as well) later on if I go this route (how easy is this?).
    Am I looking at getting an RFE if I apply for the I-765 with the corrected name (first name and last name separated) (this will not match the names in the US VISA and passport)?
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Go ahead and get the EAD card now. Once she has it, straighten everything out and get the EAD amended. I doubt that you will have any problems since this is pretty obvious.
     
  5. sri1979

    sri1979 Well-Known Member

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    If u have wrong name, ur wife EAD will be wrong ur wife SSN when applied will be wrong and I am guessing ur WIFE h4 visa is wrong .. if I were u .. I will fix passport first so that u need not fix all others...

    Do it before u apply ur 485 else ur screwed
     

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